The Syrian Refugees Crisis in Increasingly Fragmented International Law: Is the EU - Turkey Readmission Agreement in Accordance with International Law?

Abstract

One of the world’s most chaotic and devastating civil war has been sustained since March 2011 in Syria. This Syrian Crisis has transformed much more complex, unpredictable and atrocity in this region than the guess of the states. Different conflicting actors, intervening states (and also their different interest/motivations) and also unprepared international society led to dead end or cul-de-sac for this sudden crisis. At the same time, Syrian refugee crisis appeared for neighbor and European states on the agenda. None of these states had prepared for this kind of migration and number of community. 1951 Geneva Refugee Convention is the main legal document that is relating to define refugee, their rights and obligations of states. Nonetheless, some of exceptional clauses (geographical exception clause of the Turkey), some of European states domestic policies and their domestic policy pressures and Civil War which became more desperate view in the time; these conditions force to the international society and the states to create new process and legal structure for this crisis. EU – Turkey refugee deal and agreement can be eventual consequence in this process. In fact, it is continuing process. As well as, is this process legalized enough yet? In other words, how much is it legalized or which is stage in this process? All of these questions are still waiting to be answered. Some summits, official and unofficial meetings and works for drafting have already been made since the beginning period of the crisis but these attempts and initiatives are seem to be questionable for the effectiveness. Could these developments be creating fragmentation in international law?